What is the test for using accident as a defense in closing argument?
MultiRegion, United States of America
The following excerpt is from Gregory v. Borg, 977 F.2d 588 (9th Cir. 1992):
Addressing the merits of the properly raised claim, we affirm the district court's conclusion that the decision to raise accident as a possible defense in closing argument did not fall below the level of "reasonably effective assistance." Strickland v. Washington, 466 U.S. 668, 687 (1984). Defense counsel's approach was within the "wide latitude counsel must have in making tactical decisions." Id. at 689.
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